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Friday, April 19, 2024

Nonprofits seek to enjoin tour operations over Hawaii national parks, allege FAA failed to develop plan

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WASHINGTON (Legal Newsline) – A nonprofit alliance of local, state and federal resource professionals and a nonprofit coalition of homeowners in Hawaii allege that the noise from air tour operators is disrupting activities.

Public Employees for Environmental Responsibility and the Hawaii Island Coalition filed a complaint on Oct. 4 in the U.S. District Court for the District of Columbia against Federal Aviation Administration citing the National Environmental Policy Act, the Administrative Procedure Act of 1946 and the National Park Air Tour Management Act of 2000.

According to the complaint, the plaintiffs allege that they suffer from noise and visual impacts of park overflights during their various activities in the national parks, such as hiking and bird-watching.

The plaintiffs hold Federal Aviation Administration responsible because the defendant allegedly failed to develop an Air Tour Management Plan for parks impaired by overflights and failed to prepare an Environmental Impact Statement or other environmental documents as required by National Environmental Policy Act before granting authority for air tour operators.

The plaintiffs seek to enjoin further tour operations until agreements are in place, litigation expenses, attorney's fees, court costs, other expenses, and additional relief as the court deems just. They are represented by Paula Dinerstein of Public Employees for Environmental Responsibility in Silver Spring, Maryland.

U.S. District Court for the District of Columbia case number 17-C-02045

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